PAYMENT NEEDED

New Zealand Herald, Volume LXXVI, Issue 23431, 22 August 1939, Page 11

PAYMENT NEEDED

MAINTENANCE ABKEAES PRELIMINARY TO DIVORCE CHANGE IN USUAL PRACTICE MR. JUSTICE BLAIR'S COMMENT [from our own corrkspoxdknt] HAMILTON, Monday Tho case in which Walter Lisle Tye, grader driver, Tauranga (Mr. A. G. Ward), sought a divorce from Isobel Louise Tye on the grounds that tho parties had been separated for three years, was concluded before Mr. Justico Blair in the Supreme Court at Hamilton to-day. Tho caso was partly heard oil Saturday, when His Honor mado some remarks concerning petitioner's failure to comply with the maintenance provisions of a separation agreement. When tho caso was referred to today Mr. W. J. King, who appeared for the respondent, on instructions from Mr. W. 11. Adams, said tho practice in this district was to see that arrears of maintenance wero paid up when moving for a decreo absolute. "I am going to see that this practice is altered and seo that arrears are paid lip before a dccreo nisi is granted," said His Honor. "I am not going to allow a husband to make use of his default in maintenance to secure a divorce. I have very little patience with husbands who get agreements for separation purely in order to securo a divorce. , . "If ho fails to fulfil lus agreement ho lias 110 right to come along and petition for a divorce. I do not believo in encouraging husbands who dodgo their responsibilities." Mr. King said the respondent was quito willing to allow a decreo to be issued. She was confident that her husband would pay the arrears in maintenance. . , . "If tho wifo wants it, that is a different matter," said His Honor. "A decreo nisi was granted, not to ho sealed and dated until the arrears 111 maintenance had been paid.